Atkinson v. Thompson

The opinion of the court was delivered by

Parker, C. J.:

Plaintiff brought this action to recover the value of a cow killed by one of defendant’s-trains on an open private railroad crossing, without fence or gates, located on his farm in *390Cowley County. Plaintiff recovered and the defendant appeals.

In view of the question presented on appeal the pleadings are not involved and all that need be said regarding them is that they join issue as to whether, under a stipulation of facts on which the case was submitted by agreement to the court below for decision, plaintiff was entitled to judgment.

The…